Lake Charles Workers’ Compensation Lawyer

How are you supposed to pay for the medical expenses of a workplace accident if you can’t return to work? You need to supplement your lost wages if you want to protect your financial future. A workers’ compensation lawyer in Lake Charles can help you get the compensation you deserve after your accident. 

Filing a workers’ compensation claim in Lake Charles, LA, can help you recover your losses. 

Our team of personal injury lawyers in Lake Charles can help you file your claim within applicable deadlines and argue for your right to comprehensive financial support after a workplace injury.

Laborde Earles can break down workers’ compensation law and help you file your claim. Should the need arise, our lawyers can take additional legal action on your behalf. We have more than 350 years of combined legal experience that we’re prepared to put to work for you.

A Lake Charles Workers’ Compensation Lawyer Can Help

Various injuries and illnesses may occur at work and qualify for workers’ compensation benefits. Workers’ comp benefits may be awarded for:

• Unexpected or unforeseen accident injuries
  
• Mental injuries
  
• Injuries or illnesses that developed over time

Unexpected injuries can occur in many ways, such as from a slip and fall. Mental injuries may develop if you’re overworked and have excessive work stress.

You may also suffer mental injuries that have stemmed from a physical condition that occurred at work. Finally, injuries or illnesses that slowly develop throughout your employment may result from exposure to toxins or repeatedly performing physical tasks. 

One of our Lake Charles personal injury lawyers can verify if your workplace accident or illness qualifies for compensation.

You Must Follow Certain Steps to File a Workers’ Compensation Claim

Following a workplace injury in Lake Charles, LA, injured workers must complete certain steps to file a workers’ compensation claim. If you do not file your claim correctly, you might delay the claims process and risk a claim denial.

If your claim gets denied, you may need to file an appeal to continue seeking benefits. To pursue compensation benefits, you must do the following actions:

Notify Your Employer

The first step to earning workers’ compensation benefits in Louisiana is to notify your employer of the injury or illness within 30 days. You can report your injury to a supervisor or a person of authority. If you do not notify your employer within 30 days, you may be unable to claim benefits.

Your notice to your employer may be in the form of a written document. The notice should include:

• Your personal contact information
  
• Details regarding your injury, such as the time, date, and location where the injury occurred
  
• How you suffered the injury
  
• Where the injury affected you, whether physically or mentally

Submit a Workers’ Compensation Claim

If you were injured at work, you probably have many questions about your future. You may have suffered damages, such as lost wages and medical expenses, that would have come directly out of your pocket while you could not work.

Filing a workers’ compensation claim in Lake Charles, Louisiana, can help you recover your losses. Our team of workers’ compensation lawyers in Lake Charles, LA, understands your struggles after a workplace injury. Our law firm can help you understand workers’ compensation law and help you build a case.

Receive Medical Treatment

By seeking medical treatment, you can strengthen your claim with evidence that proves you suffered an injury. You may visit your physician when seeking treatment for your work-related injuries. If there are varying medical opinions, the Office of Workers’ Compensation Administration (OWCA) may bring in an independent medical examiner to review your injuries.

Handle a Possible Dispute

Your workers ‘ compensation claim might still be denied after the OWCA reviews your evidence and medical documentation. If so, you can appeal for your medical damages and lost wages. 

Once you submit your appeal documents, you can either negotiate a settlement to earn benefits or have a judge determine the outcome of your claim.

Who Qualifies for Workers’ Compensation Benefits in Lake Charles?

Many misconceptions surround the eligibility of different types of workers for workers’ compensation benefits after an accident in Lake Charles. For example, many injury victims believe they must work full-time hours to qualify for benefits. Others believe they must have been employed with the company for at least 90 days before being eligible.

However, from the first day of your employment, your employer may be required to provide workers’ compensation protection coverage whether you are a part-time or full-time employee. Most businesses and companies in Lake Charles and across Louisiana must provide their employees with workers’ compensation coverage.

Failure to do so can result in penalties, including sanctions. Generally, as long as your injuries were within the scope of your employment, you should be entitled to workers’ compensation benefits. However, just because you meet the eligibility requirements does not mean the insurance company will settle your claim fairly.

Retaliation Protection for Workers’ Compensation Claims

Louisiana law strictly prohibits employers from retaliating against workers who file compensation claims. If you’ve filed a workers’ compensation claim, your employer cannot legally:

• Terminate your employment
  
• Reduce your hours or pay
  
• Demote you
  
• Create a hostile work environment
  
• Deny promotions or opportunities

Common signs of retaliation may include sudden negative performance reviews, unexpected schedule changes, or being excluded from meetings or communications. Document any changes in your treatment after filing your claim.

Watch for more subtle forms of retaliation, such as being assigned less desirable tasks, receiving increased scrutiny, or facing harassment from supervisors or coworkers. These actions could indicate a pattern of retaliatory behavior.

What to Do if You Experience Retaliation

If you experience retaliation, maintain detailed records of all incidents, including dates, times, and witnesses. Save any relevant emails, messages, or documentation that could support your case. Having this evidence strengthens your position if legal action becomes necessary.

Don’t let fear of retaliation prevent you from filing a legitimate workers’ compensation claim. Contact our experienced attorneys to protect your rights and ensure fair treatment throughout the claims process.

What do Workers’ Compensation Benefits Consist of?

After suffering a work injury, you may wonder what benefits you could collect to help you get through this difficult time. Fortunately, Louisiana workers’ compensation benefits include compensation for the following:

• Disability benefits amounting to up to 75% of your average weekly earnings.
  
• Full coverage medical benefits for your medical expenses as they relate to your work injury.
  
• Vocational rehabilitation benefits if you are unable to return to work in your current industry.
  
• Death benefits for surviving family members of individuals who passed away due to fatal work injuries.

Generally, you can collect workers’ compensation benefits until you heal from your injuries and can return to work. However, depending on the type of injury you sustained, you may have a maximum number of weeks to collect workers’ compensation benefits.

You can learn more about which workers’ compensation benefits you could be entitled to and how long you can expect to collect them when you contact your workers’ compensation attorney in Lake Charles, LA, for help. We will work to get you the best outcome for your case.

What to Do if Your Workers’ Compensation Claim Is Denied?

Workers’ compensation claim denials in Lake Charles are far more common than you might think. Insurance companies do not like to pay out on claims, as it costs them money. However, some of the more common reasons insurance companies give for workers’ comp claim denials include:

• Failure to provide necessary medical documentation
  
• Lack of supporting documents
  
• Failure to follow your company’s code of conduct
  
• Self-infliction of injuries
  
• Being under the influence of drugs or alcohol at the time of the accident

These are just a few more common reasons insurance companies deny claims. Some are valid, but others are denied in bad faith. Your attorney can step in and address the denial on your behalf.

Our workers’ compensation attorneys could reverse the denial by giving the insurance company the necessary information to approve your claim. However, if the insurance company remains steadfast in denying your claim, we may need to bring your case to court to maximize your compensation and hold the liable party accountable.

You May Be Eligible to File a Personal Injury Claim

You may be eligible to receive several types of benefits after sustaining a workplace injury in Louisiana. 

If you suffered from an injury or illness at work, the Louisiana Workforce Commission (LWC) states you might be eligible for rehabilitation services, disability payments to make up a portion of missed wages, medical attention for the illness or injury.

Your family may also receive benefits in the event of your death. In this situation, they may turn to a wrongful death lawyer in Lake Charles for help. Additionally, your case may warrant a personal injury lawsuit if a third party was negligent in causing your injury or illness at the workplace. Recoverable damages from a personal injury lawsuit may include the following:

• Current and future medical bills
  
• Property damages
  
• Lost wages
  
• Future missed wages
  
• Limited earning capacity
  
• Pain and suffering
  
• Emotional distress
  
• Loss of enjoyment
  
• Loss of consortium

A Lake Charles workers’ compensation lawyer can protect your rights if you or a loved one in Lake Charles is injured at work. Your lawyer can help you understand the workers’ compensation process, whether it ends with a settlement or a judgment.

Additionally, our Lake Charles, LA, workers’ compensation lawyer may help you determine your appropriate legal recourse actions, such as if you should pursue a personal injury lawsuit against an employer or a third party.

Frequently Asked Questions

Does Surgery Increase a Workers’ Compensation Settlement?

Injury-related surgeries can increase a workers’ compensation settlement, but the relationship between surgeries and workers’ comp isn’t always straightforward. You have to account for the cost of the surgery, the treatment’s long-term impact on your life, and your estimated recovery time to determine the surgery’s dollar impact on your settlement.

How do Pre-Existing Injuries Affect Workers’ Compensation?

Workers’ compensation claims can see you compensated for aggravated pre-existing conditions. Injured parties must prove that their conditions worsened due to a workplace accident, though, and the validity of their claims may face scrutiny from both an employer and an awarding body.

You can work with a workers’ compensation lawyer in Lake Charles to outline the ways your pre-existing conditions worsened after a workplace injury when you meet for a free case evaluation. Our team can gather the evidence needed to elaborate on your claim as you build up your workers’ compensation case.

Can You Collect Workers’ Compensation and Disability at the Same Time?

You may have the opportunity to collect workers’ compensation payments and disability compensation at the same time. You can work with an experienced attorney to determine whether or not you qualify for disability payments from the Social Security Administration (SSA) while pursuing a workers’ compensation claim.

That said, your combined income while benefiting from workers’ compensation and disability cannot exceed 80 percent of your pre-injury income, as stated by the SSA.

Can You Still Get Workers’ Comp in Louisiana if You Quit Your Job?

You can quit working with a negligent employer after a devastating accident. However, if you’re receiving temporary total disability (TTD) or temporary partial disability (TPD) support, quitting your job may mean losing those benefits.

That said, you may maintain your workers’ compensation benefits if medical professionals and an insurance carrier claim that your post-accident disabilities are permanent. You may also argue that you haven’t yet reached maximum medical improvement (MMI) and thereby qualify for continued financial aid.

We recommend that you consult a workers’ comp attorney in Lake Charles to determine whether you may still be eligible for benefits after quitting your job.

Do All Workers’ Compensation Cases End in a Settlement?

Not every workers’ compensation case ends in a settlement. In some cases, you may want to avoid settling, as settling may require you to sacrifice your right to damages you otherwise deserve.

If your employer disputes your workers’ compensation claim or otherwise refuses to acknowledge the severity of your losses, our team can help you fight for the financial support you need to get back on your feet. We do not settle without talking to you and are prepared to go to court on your behalf.

Work With a Lake Charles Workers’ Compensation Lawyer to File Your Claim Today

When you’re pursuing work injury benefits in Louisiana, turn to the workers’ compensation attorneys in Lake Charles at Laborde Earles to guide you through the process. The sooner you act, the sooner our legal team can build a case for you. We want to help you fight for the work comp you may be entitled to receive.

Contact us today to begin your free consultation.